Regulations for Contracting and Purchasing Garden, Landscaping, and Irrigation Services (Urban Area)

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Important Notice and Disclaimer

  • This document is the exclusive property of the Expenditure and Projects Efficiency Authority, and this entire document, including the terms of this important notice, must be read.
  • Public entities may disclose the content of this document or part thereof to their advisors and/or contractors provided that this notice is included.
  • Any use or actions arising from this document or part thereof by any party, including public entities and/or their advisors and/or contractors, shall be at the full responsibility of that party, and they bear the associated risks.
  • The Authority discharges itself to the fullest extent permitted by law from any obligations to any other party, regardless of how they arise, in connection with or related to the use of this document (including losses or compensations of any nature, whether due to negligence, default, or otherwise).
  • The validity of this document and its contents shall apply according to the terms contained herein and as of the date of its issuance.

1- Introduction to the Regulations

  • With reference to paragraph (1) of Article (Four) of the Statute of the Expenditure and Projects Efficiency Authority, issued by Council of Ministers decision No. (389) dated 11/7/1442 AH, which states: "It is within the Authority’s jurisdiction to set policies, strategies, plans, programs, standards, and guidelines related to its competencies, in coordination with the relevant government entities, and to follow up on their implementation after approval." And pursuant to paragraph (1) of Article (Six) of the Implementing Regulation of the Government Tenders and Procurement Law, issued by Royal Decree No. (M/128) dated 13/11/1440 AH, which stipulates that the Authority shall prepare business and procurement strategies that define contracting and purchasing controls and quantities, taking into account the provisions of Article (Fourteen) of the Law, with the aim of unifying specifications among beneficiary entities in accordance with their actual needs, enhancing operational efficiency, and reducing the risks of service implementation failure through clear technical requirements, thereby ensuring the advancement of execution quality and improving spending efficiency in these services, in accordance with best practices.
  • In this context, a technical committee was formed consisting of specialists in the field of garden, landscaping, and irrigation services (urban scope) and contract management, based on the letter of His Excellency the Minister of Finance, Chairman of the Board of Directors of the Expenditure and Projects Efficiency Authority, No. (8830) dated (27/9/1446 AH). The committee commenced its work by studying the current situation and challenges related to the procurement of garden, landscaping, and irrigation services (urban scope), starting from the planning stage until the tendering stage.
  • During this process, numerous workshops were held with the relevant government entities to collect the necessary data and information, and to identify considerations related to issuing controls that comply with the Government Tenders and Procurement Law, issued by Royal Decree No. (M/128) dated 13/11/1440 AH, its Implementing Regulation issued by the Minister of Finance’s decision No. (1242) dated 21/3/1441 AH, as well as its updated Implementing Regulation issued by Ministerial Decision No. (1090) dated 21/9/1445 AH. This resulted in the preparation and issuance of contracting and purchasing controls specific to garden, landscaping, and irrigation services (urban scope). These controls shall apply as complementary to the provisions of the Government Tenders and Procurement Law, its Implementing Regulation, and other applicable provisions. These controls shall not be interpreted or applied in a manner that contradicts any provision contained in the Law or the Regulation. Furthermore, the absence of a specific provision in these controls does not exempt the entity or the contractor from complying with any legally established requirements or provisions.
  • These controls constitute a mandatory reference for government entities, which must adhere to them when preparing the terms of reference and specifications related to the procurement of garden, landscaping, and irrigation services (urban scope). It is important to emphasize that the content of these controls does not replace any laws or legislations in force in the Kingdom of Saudi Arabia. In the event of any conflict between the provisions of these controls and any of those legislations or their updates, the latter shall prevail, and the government entities bear the responsibility to comply with them.
  • The Expenditure and Projects Efficiency Authority, in cooperation with stakeholders, shall review and update these controls periodically in line with relevant developments. It shall also announce the updated versions after completing the statutory procedures, to be applied and adhered to by government entities.

2- General Terms

3- Garden, landscaping, and irrigation services (urban area)

4- Purpose of the Regulations

  • Establishing a regulatory framework for the work and procurement of landscaping, afforestation, and irrigation services (urban scope) in all government entities. This is to achieve the government’s direction towards spending efficiency by maximizing impact relative to expenditure through optimal resource utilization, reducing excessive costs, and avoiding waste, in addition to contributing to the improvement of service levels and afforestation operations.

5- The objective of the regulations

  • The establishment of the comprehensive framework for the works and procurement of parks, landscaping, and irrigation (urban scope) achieves the following objectives:

    • A- Enhancing the efficiency of purchasing operations from planning to tendering.
    • B- Unifying the terms and standards applied to the procurement of parks, landscaping, and irrigation services (urban scope) among government entities.
    • C- Improving the quality of services provided to the residents.
    • D- Reducing the costs associated with parks, landscaping, and irrigation services (urban scope).
    • E- Ensuring contractors' compliance with the specified standards and specifications.
    • F- Enhancing efficiency and effectiveness in the management of parks, landscaping, and irrigation services (urban scope).

6- Scope of the Regulations

  • The scope of these regulations includes all government entities requesting the purchase of gardening, landscaping, and irrigation services (urban scope), and these regulations include the tender requirements for the following activities and stages:

    • 1- Identifying the need and estimating the cost.
    • 2- Defining the scope of work.
    • 3- Specifying the specifications.
    • 4- Defining the criteria for evaluating bids.
    • 5- Defining special conditions.
    • 6- Preparing other documents.
    • 7- Qualifying competitors.
    • 8- Fulfilling tender requirements.
    • 9- Fines and penalties.
    • 10- Criteria for evaluating contractors' performance.

7- Legal References

  • The application of these regulations is based on a number of statutory references, royal orders, and issued decisions as follows:

    • A- The Statute of the Expenditure and Projects Efficiency Authority, issued by Council of Ministers Decision No. (389) dated 11/7/1442 AH.
    • B- The Government Tenders and Procurement Law, issued by Royal Decree No. (M/128) dated 13/11/1440 AH, its executive regulations issued by Minister of Finance Decision No. (1242) dated 21/3/1441 AH, as well as its updated executive regulations issued by Ministerial Decision No. (1090) dated 21/9/1445 AH.
    • C- The Government Tenders and Procurement Law and its executive regulations, fourth edition, April 2024 AD.
    • D- Ministerial Decision No. (3011) dated 18/8/1442 AH regarding the approval of the regulations for bid evaluation criteria.
    • E- Ministerial Decision No. (129) dated 24/4/1430 AH, approving the addition of provisions to the model contract for operation, maintenance, and cleaning, issued by Council of Ministers Decision No. (268) dated 30/10/1422 AH.

1- Determining the need and estimating the total cost

  • The government agency must adhere to the following regulations in all works and purchases related to parks, landscaping, and irrigation (urban scope) when determining its needs:

    • 1-1 The government agency must inventory and identify the essential basic data necessary to estimate the need, provided that this data includes - at a minimum - the following information:

        • City.
        • Park name.
        • Number of visitors (peak time).
        • Total area of green spaces (in square meters).
        • Number of palm trees.
        • Number of trees (excluding palm trees).
        • Number of men's restrooms and their total area (in square meters).
        • Number of women's restrooms and their total area (in square meters).
        • Areas of internal facilities (excluding restrooms).
        • Percentage of areas allocated for women from the total area of facilities (excluding restrooms).
        • Areas of playgrounds and number of beams.
        • Areas of children's play zones and number of children's play equipment.
        • Number of parking spaces and their area.
        • Number of work shifts and their occupancy rates.
        • Operational status of the park.
        • Year of operation.

    • 1-2 The government agency must analyze and study the number of parks and their areas and estimate the volume of required works and their geographical locations, in order to determine the list of parks included within the project scope.

    • 1-3 The government agency must use the operational data model prepared by the Authority to determine the need and the estimated cost based on the data that has been inventoried and identified to estimate the need.

    • 1-4 The government agency must estimate the expected competition cost through market study and use appropriate methods and sources to estimate prices such as:

        • Comparing prevailing market prices.
        • Analyzing prices of previous projects or related items.
        • Studying internally and externally approved price references.
        • The estimated costs prepared by the Expenditure and Projects Efficiency Authority.
        • Price data issued by competent authorities - if available -.

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